General Question

marialisa's avatar

Whose auto insurance is to pay?

Asked by marialisa (464points) May 13th, 2010

If someone gets in an auto accident with someone else’s car, whose insurance is notified?
Mother and daughter have auto insurance together. Daughter lets her boyfriend drive and he rear ends a car and does very little damage (broken tail light) to other car. He has his own insurance for his vehicle. Which insurance do you call? No accident report was done by police. This was in Minnesota, whose insurance pays the damage?

Observing members: 0 Composing members: 0

15 Answers

dpworkin's avatar

I have found that if you report it to your own company they will work out which firm has legal liability.

JLeslie's avatar

The way I understand it the car is insured, not the driver. Some states are no fault, which would mean the guy in front has to worry about his own car no matter who caused the accident, but most states the person in back is culpable and their insurance pays, rather the insurance on the car in back pays. If you call your insurance they will help you, because if it is not their responsiblity they will tell you. They don’t want to pay if it is not their problem legally. Meanwhile, if it is small maybe you want to just repair it yourself? Although a broken tail light can turn into replacing a bumper with how cars are made today which can be expensive.

I once reported to my insurance an accident, but then later when I found out it would cost only a little above the deductible to repair, I told them to forget the claim, and I think they did, I don’t think it is on my insurance claims so to speak.

perspicacious's avatar

Unless Minnesota is a no-fault state, the insurance for the mother/daughter will cover the accident. That is the call to be made.

marialisa's avatar

@perspicacious It is a no fault state.

perspicacious's avatar

@marialisa In that case, I believe the driver’s insurance is the one to call. Of course, when you call they will let you know right away if you should report it first to another carrier.

marialisa's avatar

@perspicacious I hope so cause I pay the insurance and have told my daughter NOT to let her boyfriend, drive her car , when I am paying. Right now, he thinks he is scott free and I am thinking my rates will go up or Ill be cancelled over a tiny little fender bender thats his fault.

JLeslie's avatar

@marialisa If your rates go up tell your daughter she will owe the difference, and tack on wear and tear of your car and gas for letting him use it at all against your wishes. It is not even a parent child thing, it is she let someone drive a car she was trusted to use without the owners permission, what is she thinking? Unless she was sick or in some dire circumstance where she had to let someone else drive she needs a consequence in my opinion. I don’t mean to assume you are not punishing her in some way, of course I have no idea.

john65pennington's avatar

First mistake made was not calling the police for a report. why? just because of this question. agreeing to settle an auto accident, without notifying the police, is risky business. if the at-fault party decides not to pay for damages, a civil lawsuit could be forthcoming. if a police report had been made, you would then have an uninterested party, the officer, at the scene and filing an official document of the accident, which could be used as evidence in court. most states now have auto insurance on the individual driver, not the vehicle. in this case, the drivers insurance would be responsible.

JLeslie's avatar

@john65pennington I agree that a police report should have been done, but since it is their fault it should not be a problem in this case, they are not going to challenge the word of the driver who was hit. If anything the driver in front took the biggest risk not calling the cops. And, if it is correct that it is a no fault state I don’t think it matters at all regarding who fixes the car anyway, each person fixes their own car no matter who is at fault. It might matter if someone was injured? I am not sure of how no fault works for personal injury.

robmandu's avatar

Re-iterating @dpworkin‘s suggestion.

I’ve been in a situation where I was in an accident and the other driver was completely at fault. Admitted it. Accepted it. Reported it.

But I couldn’t get any traction or make anything happen for days until I got my insurance company involved. Within 24 hours, my company had worked it all out.

I think everyone directly involved should call their own insurance. Let those guys hash it out.

perspicacious's avatar

@john65pennington @JLeslie Minnesota is a no-fault state.

Response moderated (Spam)
Response moderated (Spam)
StillCarrie's avatar

Insurance follws the car always, if there not enough coverage on the auto then the driver policy come into effect. this does not appear to be the case but the insurance on the car is primary.

Answer this question




to answer.

This question is in the General Section. Responses must be helpful and on-topic.

Your answer will be saved while you login or join.

Have a question? Ask Fluther!

What do you know more about?
Knowledge Networking @ Fluther